Law: Criminal Procedure Code (V of 1898)

Section: 344

(a) Criminal Procedure Code (V of 1898)--- ----S. 344---Adjournment---Scope---Reasons for adjournments must be in writing---Duration for adjournment must be for such time as considered reasonable by the court---Adjournment or postponement of the proceedings should be for a definite time and period and not indefinitely. (b) Criminal Procedure Code (V of 1898)--- ----S. 344---Postponement or adjournment of proceedings---Incident, in the present case, was reported by complainant, resulting in registration of FIR---Police Report was submitted with nomination of accused-petitioner and co-accused persons---Trial Court directed to place the case in dormant for the reason that complainant and the eye-witnesses were not available, while accused persons were on bail---accused-petitioner contended that no order could be passed to place the criminal case in dormant for the reason of non-availability of prosecution witnesses---Validity---Trial Court had adjourned the proceedings indefinitely, thus violating the mandate of law---Reasons behind the impugned order were that the complainant and one of the eye-witnesses were involved in a murder case and were absconding---Said reasons in no way empowered the Trial Court to adjourn the proceedings for indefinite period---Case could not be kept pending for the evidence of the persons who were fugitive from law---Fugitive from law lost his normal rights, granted by law, procedural or substantial---Absence of the witnesses would not mean a "reasonable cause" to adjourn the case for an indefinite period---Constitutional petition was accepted by setting aside the impugned order. THIS JUDGMENT DELIVERED BY: MRS. SYEDA TAHIRA SAFDAR, JUSTICE:---.--- The order dated 18th June, 2015 of Additional Sessions Judge, Barkhan at Rakhni, whereby the trial court directed to place the case in dormant for the reason that the complainant and the eye-witnesses Wazir Muhammad and Mateen were not available, while the accused were shown to be on bail, and were directed to remain on bail till date resulted in filing of the petition in hand. 2. The petitioner, one of the accused before the trial court, felt aggrieved of the order, approached this Court…

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